[Cc-ca] Why can’t a creator waive attribution or their moral rights?
marcus at uottawa.ca
Thu Jun 10 17:05:34 EDT 2004
Why can’t a creator waive attribution or their moral rights?
In order to generate a Creative Commons licence, creators from all
world jurisdictions go through the licence selection-page hosted at the
main Creative Commons website. After answering the questions on the
licence selection-page, a licence appropriate to the jurisdiction of
the creator is generated.
The framework for the creation of Creative Commons licences is based on
the American copyright regime, which does not include moral rights or
an analogous concept. As such, there is currently no mechanism within
the licence generation process that would allow Canadian creators to
preserve or waive their moral rights. Furthermore, in order to maintain
efficiency and preserve the strongest possible protection for copyright
holders we have followed Creative Commons' lead by making an
attribution requirement embedded in all licence permutations (see
further at: http://creativecommons.org/weblog/entry/4216).
Consequently, a creator cannot choose to waive attribution or other
moral rights - they are implicit - the Canadian customized licences
will automatically reserve these rights. Based on demand this may be
altered in subsequent versions.
However, in practice, the creator will still retain maximum
flexibility. Attribution and moral integrity can always be disavowed
upon specific licensee request, and pseudonymous and anonymous
authorship are always options for a licensor.
Marcus Bornfreund, B.A., LL.B., LL.M.
Manager - Law & Technology Program
Managing Editor - University of Ottawa Law & Technology Journal
Faculty of Law : Faculté de droit
Common Law Section : Section Common Law
University of Ottawa : Université d'Ottawa
57 Louis Pasteur Street
Ottawa, ON CANADA K1N 6N5
t. 613/562-5800 x3299
e. marcus at uottawa.ca
PGP Key ID: 0x8A322125
Please visit us at: http://www.commonlaw.uottawa.ca/tech
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